Osborne v. Perkins

• Decision Date: 11 November 1901
• Docket Number: 397.
• Citation: 112 F. 127
• Parties: OSBORNE v. PERKINS.
• Court: U.S. Court of Appeals — First Circuit

112 F. 127

OSBORNE v. PERKINS.

No. 397.

United States Court of Appeals, First Circuit.

November 11, 1901

James Hamilton, for appellant.

J Arthur Wainwright, for appellee.

Before COLT, Circuit Judge, and WEBB and ALDRICH, District Judges.

ALDRICHDistrict Judge.

This is an appeal from a decree of the district court wherein the discharge of the bankrupt was refused, and raises the question of fact presented by the assignment of errors.The assignment of errors presents no question of law.The discharge was refused upon findings of fact, and upon the ground that the bankrupt knowingly and fraudulently concealed property from the trustee.

This issue of fact was raised before the referee, and the objections to the discharge were heard by the district courtOctober 4, 1899, and the discharge was refused upon the ground that the omission of property of value from the schedule was intentional.Upon a subsequent rehearing upon evidence and argument, the judge again refused the discharge upon the ground that the bankrupt had knowingly and fraudulently concealed his property.

Where the issue is fraud, the essential question is peculiarly one of fact to be decided by the tribunal of first instance upon its conviction one way or the other after seeing the witnesses and hearing the evidence.To such a situation the familiar rule applies that the finding below, whether through a verdict or through a decision by a judge or a chancellor will not be disturbed unless the appellate court can clearly see that it is opposed to the weight of evidence, or, as otherwise stated,...